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Emily Kanstroom Musgrave

Member / Co-chair, Appellate Practice Group

[email protected]

+1.617.348.4407

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Emily’s practice focuses on complex commercial litigation across a variety of areas, including contract disputes, securities litigation and government investigations. As Co-Chair of the firm’s Appellate Practice Group, she leads clients through the appellate process, designing a successful appellate strategy, drafting briefs, and preparing for oral argument. She also assists clients with amicus curiae submissions, including to the U.S. Supreme Court. She represents clients in all stages of litigation, from pre-litigation counseling and investigation through discovery, trial, and appeal. Working as a litigator both at the trial and appellate phases, she helps clients in the early stages of trial representation to prepare and maintain a litigation strategy that helps best position the case for an eventual, successful appeal.

Emily previously served as a Special Assistant District Attorney in Middlesex County, where she argued motions to suppress and took cases to both jury and jury-waived trial.

Emily maintains a robust pro bono practice focused on providing legal assistance to asylum seekers, and survivors of domestic violence, among others.  She recently worked with a team that filed a lawsuit in the U.S. District Court for the District of Massachusetts against U.S. Citizenship and Immigration Services (USCIS) alleging that USCIS wrongfully denied plaintiffs Special Immigrant Juvenile status, which allows certain children who have been abused, neglected or abandoned to seek lawful permanent residence in the United States.

Before joining the firm, Emily served as a law clerk for the Honorable Margot Botsford of the Supreme Judicial Court of Massachusetts. She also served as a law clerk for the Honorable Leo T. Sorokin, then a Magistrate Judge, of the United States District Court for the District of Massachusetts.

During law school, she was the managing editor of the International and Comparative Law Review. She also won the Wendell F. Grimes Moot Court Competition and was a member of the National Mock Trial team.

Education

  • Boston College (JD, magna cum laude)
  • Brown University (BA, International Relations/French, magna cum laude)

Experience

  • Achieved a decisive arbitration victory on behalf of a supplier in a complex contractual dispute with an automobile manufacturer, resulting in an award of over $10M, plus attorneys’ fees and expert costs.
  • Represented pharmaceutical company defendant in the Nexium antitrust MDL litigation, the first alleged “pay-for-delay” case to go to trial since the Supreme Court’s 2013 decision in FTC v. Actavis, resulting in a favorable settlement for Emily’s client.
  • Lead counsel in case before the Massachusetts Supreme Judicial Court on behalf of a veteran denied indigency status by the Massachusetts Superior Court. Reade v. Sec’y of the Commonwealth, 472 Mass. 573 (2015).
  • Part of team that secured no charge for government official in wide-ranging public corruption investigation.
  • Represented Taiwanese creditor in complex civil RICO case in California federal court involving claims against 34 foreign and domestic defendants. The firm achieved a successful settlement of the case at the commencement of trial.

Recognition & Awards

  • Massachusetts Super Lawyers: Rising Star – Business Litigation (2016 - 2019)
  • Order of the Coif
  • Phi Beta Kappa
  • Boston College Law School Richard G. Huber Award for scholarship and leadership in extra and co-curricular activities

Involvement

  • Member, Women’s Bar Association
  • Member, Boston Bar Association
  • Member, Rhode Island Bar Association
  • Advisory Board, Sitters Without Borders
  • Guest Lecturer on Legal Practice, Boston College Law School

Languages

- French

Recent Insights

News & Press

News & Press

An article published by Law360 reported that Mintz successfully defended the Wychmere Beach Club, a small Massachusetts resort property, in a lawsuit brought by the Conservation Law Foundation alleging that the Beach Club’s wastewater treatment facility needs a federal permit under the Clean Water Act in addition to the state permit it already has under the Massachusetts Clean Waters Act because the treated effluent from the wastewater treatment facility percolates through soil to groundwater that is connected to Wychmere Harbor. In the ruling, U.S. District Judge William Young agreed that the Beach Club’s discharges were not covered by the federal law.

The Mintz team representing the Wychmere Beach Club includes Mintz Member and Chair of the firm's Environmental Law Practice Jeffrey R. Porter, and Co-Chairs of the firm's Appellate Practice Andrew N. Nathanson (Special Counsel) and Emily Kanstroom Musgrave (Member).
Fifty-three Mintz attorneys have been named Massachusetts Super Lawyers for 2016 and thirty-one have been named Massachusetts Rising Stars. The findings will be published in the November 2016 issue of Boston Magazine and in a stand-alone magazine, New England Super Lawyers.